.webp "parentage family law")
What is Parentage?
An order for parentage is an order made to determine the paternity of a child. It is made before the child attains the age of 18.
Who May Apply for Parentage
According to Section 67 of the Children Act Cap 59,
the following people may apply for parentage;
· A mother
· Father
· Guardian
· Child (Through a next friend)
Check out: Full Family Notes LLB
The Procedure of Application for Parentage
An application for parentage is made by a complaint on oath as provided under Section 20, Rule 20 & 21 of the Children (Family & Children Court) Rules SI 59-2).
A declaration of parentage can be made at any time;
· During pregnancy
· Before the child attains the age of 18
· 3 years after the death of the alleged mother or father
Upon application, summons are served on the alleged mother
or father to appear in court. (Section 69 of the Children Act Cap 59)
The applicant then adduces corroborating evidence such as
blood samples, and DNA results. The burden of proof to show parentage lies with the
party alleging. (Section 70 of the Children Act Cap 59)
Upon analysis of the events and proof presented, the court can
then declare parentage.
Effect of Parentage
After the court declares parentage, the legal effect of the declaration
order is that it establishes a blood relationship of father-child or mother-child.
The child is placed in a legal position as though they were
born in a marriage.
Notably, parentage does not automatically confer custody
rights. Vide Section 72 (1) of the Children Act Cap 59.
Also Read:
Divorce and Separation Laws Uganda
Custody of Children (Family Law Uganda)
Conclusion
This publication discusses Parentage and the capacity of
persons who may apply for parentage, Furthermore, it entails the procedure of
application and the effect of parentage.
I hope you found this publication helpful. For any queries,
please let me know in the comment section.
Similarly, join my Telegram channel where I share free study
notes and resources.